“HARVEY NORMAN GOURMET INSTITUTE” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
3. Promotion commences on 18/05/2017 and ends at 11:59pm AEST on 26/05/2017 (“Promotional Period”).
4. To enter, individuals must complete the following steps during the Promotional Period:
• Follow the prompts / pop ups to the online survey;
• Fully complete the online survey and promotion entry form including an answer in 25 words or less to the question “who you’d most like to dine with and why?” (Promotional Question”); and then
• Submit the fully completed survey and promotion entry form.
5. The entrant warrants to the Promoter that either: (a) the entry submitted is an original creative work of the entrant that does not infringe the rights of any third parties; or (b) if the entry or any part of the information provided by the entrant in relation to the entry was provided by a third party, the entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion, and that the entry does not infringe the rights of any third parties. The entrant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
6. By entering the promotion, entrants license and give the right to the Promoter to use their entries in any manner and for any purpose at its absolute discretion, including using the entries for future Promoter’s or their agents’ book publications, promotional, marketing and publicity purposes, for an indefinite period, without any further reference or payment or other compensation to the entrant. The Promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry. Entrants consent to any use of their entry which may otherwise infringe the creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights.
7. Entries must not be offensive, defamatory, racist or otherwise inappropriate. Any entry which the judges deem inappropriate will be invalidated.
8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Only one (1) entry permitted per person.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. The judging will take place at the Promoter’s premises, 54 Park Street, Sydney NSW 2000 and will begin at [10am] AEST on [Monday 27 May]. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the literary and creative merit of the answer provided to the Promotional Question.
13. The winners will be notified by phone and in writing using the contact details given in their entry.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The best valid entries, as determined by the judges, will win a double pass to the Harvey Norman Gourmet Institute, Caribbean Flavour, Paul Carmichael event.
16. Any ancillary costs associated with redeeming the double pass are not included. Any unused ticket will not be awarded as cash. Redemption of the double pass is subject to any terms and conditions of the issuer including those specified on the double pass.
17. If for any reason a winner does not take / redeem the prize by the time stipulated by the Promoter, then the prize will be forfeited.
18. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
19. Total prize value is $120.
20. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. The prize is valued in Australian dollars.
21. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
22. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
23. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
27. The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 02 9282 8000.